Review
Let’s Hope the cat doesn’t run over the keyboards! The Expert Witness Institute Virtual Conference 2020 Friday, 18th September 2020 An appreciation by Phillip Taylor MBE, Richmond Green Chambers
T
he strange times we live in throw up inventive new ways to conduct our legal business: working from home (WFH). None more so than attending the Expert Witness Institute (EWI) Annual Conference for 2020 held remotely for the first time. And it was a great success with first class speeches, panel discussions and “breakout sessions”. Amanda Stevens, the Conference Chair, began these historic proceedings almost as though they were a regular occurrence. It was a busy and detailed programme aiming as always to cater for current issues which experts face. Predominant is the mystique surrounding “virtual” or “remote” hearings which seem now to be a regular fixture for future litigation. We heard first from Lord Kerr in one of his last remaining duties as a Supreme Court Justice giving the keynote address. Brian Kerr was the last of the Lords of Appeal in Ordinary and he holds a life peerage enabling him to remain in the House of Lords on retirement. His reflections on the legal changes he has seen were fascinating, bridging the gap between the Lords as an appellate committee, to the emerging UKSC. And the remote system for the keynote speech worked well.
Networking and exhibitor sessions were useful dividers between the formal discussions. We were lucky to have contributions from Bond Solon, Redwood Collections, and the New Law Journal. The afternoon breakout sessions covered the more “bread and butter” sessions which I am sure the participants found useful for their professional updates, including these areas: improving practice in inquests; in arbitration; and post-Brexit. The final panel session brought back Penny Cooper for a discussion on “Lawyers and Experts: bringing together Experts and Instructing Parties” with contributions from Duncan Hughes-Phillips, Frank Hughes, Jennifer Jones, and Robert Clayton. We missed EWI chair, Martin Spencer, this year although his welcome note was spot on- little did we know how appropriate the conference theme “bridging the gap” might be! We did end the conference knowing how we could improve our practice and develop our skills to make us fit for the future as lawyers and experts. And I think we all now know what to expect for the 2021 and that the next Conference, whether it is virtual or attended, will always remain professionally rewarding for everyone.
The morning sessions covered what will probably be the most useful for the comments and observations on how we will now use virtual meetings, hearings, and trials for the foreseeable future. The chair of the Bar Council for 2020, Amanda Pinto QC, and the vice-chair of the Personal Injuries Bar Association, Sarah Crowther QC, opened an interactive session on “Covid-19: How the Pandemic shaped the role of technology in the courts”. There was so much commonsense advice on display that it is worth watching any of the available conference videos to catch the suggestions. Probably the most important points which participants will take with them include the need for more than one computer when you undertake remote work. That is because you need one screen for the hearing itself, either via the Cloud Video Platform (CVP) for similar systems such as zoom, skype or teams. You then need a separate screen for the trial bundle which you cannot turn, or cross refer to in quite the same way as the paper version. Finally, always have a mobile phone as (sadly) it is common for one party or another to lose a connection during the hearing. To reinforce Pinto and Crowther, we were given “lessons from the courtsa panel discussion” chaired by Dr Penny Cooper, with Alexander Hutton QC, Mrs Justice McGowan, and HHJ Nigel Lickley QC from the Old Bailey. Readers will notice how top heavy the conference was with barristers so far. However, they proved the justification of their invitations with some great forensic tips for our new remote age. And at no stage did any of their cats run over the keyboards of their PCs to disrupt proceedings! Apart from animals or others contributing to virtual chats, there was also the recurring comments on the appropriateness (or otherwise) of the backgrounds- books rather than beds being the favoured option.
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